Unpaid rent after the death of a tenant: what solutions for the owner?

Surprised by an unpaid rent, a lessor owner learns that his tenant died recently. To what extent can the payment of this backlog obtain? Answers from Me Romain Rossi Landi, in the program “The Grand Rendez-vous de l’Emal du Real estate” (Capital/Radio Immo).

Capital video: How to be reimbursed for an unpaid rent due to the death of the tenant?

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Owner lessorFrançois is used to his tenant Rubis on the nail of her rent. But, this month, the regulations have not reached him. François learns that his tenant died recently. There succession Begins to organize, a notary is appointed to manage it. “It’s been a month already and nothing happens. How to get the payment of this back -in -law? ”asks François, in the program “Le Grand Rendez-vous de l’Emal du Real estate” (Capital/Radio Immo).

“This owner is lucky to know that there is a succession and to know the name of the notary who is responsible for it!exclaims Me Romain Rossi Landi, lawyer in real estate law. Often the donors ignore whether the deceased tenant has heirs or not ”. A point however fundamental because “there rental debt is part of the debt of the heirs ”underlines Me Rossi Landi. If all goes well, the heirs of his tenant will therefore settle to François the back of a month.

The case of a refused succession

But if they refuse to pay? “It is the classic procedure that starts, as during a Departure to the wooden bell (When the tenant suddenly leaves without returning the keys, editor’s note): via a bailiff, the owner sum the heirs to prove that they occupy the accommodation. Unanswered by them after a month, he can hope recover your accommodation Without the assistance of the public force but it will be a case of several months ”warns the lawyer.

Another possibility, a Refusal of the succession by the heirs. “In this case, the lessor owner is not paid for the back of rent”replies Me Rossi Landi. Worse, “It is very complicated to recover the accommodation because we cannot change the lock and settle like that, it’s impossible”he insists. In this case, when there are no designated heirs, what are called the “”vacant successions“,” The landlord can seize the president of the judicial court, to have a curator representing the estate and try to recover the keys to the accommodation“, Details Me Rossi Landi. While warning that there too, “It takes months”.

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